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    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
    • It is residential. Not long been self employed, and in between been employed.   Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month.   Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really    I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Just got a NIP in the post recently, 39 in a 30 zone.

 

What's the likelihood of of avoiding 3 pts and being offered the speed awareness course?

 

I'm clean, no points ever, in 30 years driving history. It was from Thames Valley Police in case that has a bearing.

 

Lastly, I'm not sure if it was me or the missus at that time? We share a car and i'm 70% it was me but can't be 100% sure.

 

Under the circumstances, I'm going to supply my details and take the punishment. Anything wrong with this approach?

 

thanks

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Courses are almost always offered for speeds up to (Limit + 10% + 9mph) - so up to 42mph ina 30mph limit. The other conditions are (1) the offence must have been committed in England or Wales (courses are not offered in Scotland) and (2) the driver must not have taken a course for an offence committed in the three years prior to the date of the latest offence. There is also a slight complication with offences committed in Dorset which need not concern us here.

 

Your approach to naming yourself as driver is the most pragmatic. Whilst it is an offence to name somebody who you know was definitely not driving it is not an offence to name the person most likely to have been driving. The alternative is to try to take advantage of the statutory defence to the S172 offence. That says that a person is not guilty of failing to name the driver if he did not know who was driving and could not, having exercised reasonable diligence, find out who was. It is a high hurdle to clear and the cost of failure is high - six points, a hefty fine and costs and an endorsement code (MS90) which will see your premiums increased considerably for up to five years.

 

You can ask for any photographs "to assist in identifying the driver". There is no obligation to provide them but most forces will (usually by directing you to a website). They are usually of little value (the photos are to identify the vehicle and the offence, not the driver). Remember that if you do this, the clock measuring the 28 days you have to respond to the S172 request does not stop.

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Thanks for the feedback.

 

Good to hear the awareness course is a likely possibility.

 

I should say my wife is the registered owner of the vehicle and the letter was addressed to her. I'm the most likely person to have drive the car at the time the offence was committed.

 

I was going to ask for photo evidence - is this likely to reveal the driver or are they not that clear?

 

If not, I'll ask the missus to put my name down and hopefully I'll get offered the awareness course.

 

Thanks for the heads-up on the 28-day limit.

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I was going to ask for photo evidence - is this likely to reveal the driver or are they not that clear?

 

Don't ask for "evidence". It's not usually a problem but some forces have been known to take this that you are disputing the matter and go straight to court action. Simply ask for photos to help identify the driver (but don't neglect the 28 day clock or you could turn an awareness course into six points). In your case it's a good idea to ask for them.They are often inconclusive (especially those taken from the rear) but they may be good enough to determine the gender of the driver. However, in the unlikely event that they are good enough and your wife nominates the wrong person the police will simply ask your wife to "reconsider" her nomination. They will not go directly to "perverting the course of justice" (a la Chris Huhne/Vicky Price). Make sure that your wife makes an unequivocal nomination. She should not say anything that leaves her nomination open to any doubt. For example, she should not say "It was probably Mr Scoobydoo" or "I think it was Mr Scoobydoo but cannot be 100% sure).

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